In what form is a dismissal order issued? What will the dismissal date be in the order? Does the date of issue of the order always coincide with the date of termination? employment contract? How to familiarize a remote worker with the order? What are the rules for issuing a work book on the last working day? What is the liability for delay in payments due to an employee upon dismissal?

Regardless of the basis on which the employee is terminated - on his initiative, on the initiative of the employer, or on other grounds, the fact of termination of the employment contract must be documented. Of course, the list of documents, and the deadlines for registration, vary depending on the grounds for dismissal, however, Art. 84.1 of the Labor Code of the Russian Federation defines the general procedure for registering dismissal, regardless of the preliminary procedures.

Order of dismissal.

Part 1 art. 84.1 of the Labor Code of the Russian Federation obliges the termination of employment relations to be formalized by order (instruction) of the employer. In what form? Employers can be guided by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation on labor accounting and wages"and use the long-known forms T-8 and T-8a.

At the same time, since 2013, the forms contained in the albums of unified forms of primary accounting documentation are not mandatory for use, since the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” came into force, according to which the head of the organization independently determines the composition primary accounting documents used to document the facts of the economic life of the organization.

Based on Part 4 of Art. 9 of Law No. 402-FZ, primary accounting documents are compiled according to forms approved by the head of the organization. Moreover, each primary accounting document must contain all the mandatory details established by Part 2 of Art. 9 of Law No. 402-FZ.

Accordingly, the organization can develop and approve its own form of order to terminate the employment relationship and use it. The main thing is to correctly introduce its use in the organization through accounting policies, instructions for personnel document flow and other local regulations. Here is an example of a dismissal order in free form.

(October LLC)

Order No. 21
on termination of the employment contract

Based on the statement of Ivan Ivanovich Ivanov dated September 13, 2016

I ORDER:

terminate on March 10, 2006 and dismiss the department specialist on September 27, 2016 marketing research Ivanov Ivan Ivanovich at will in accordance with paragraph 3 of part one of Article 77 of the Labor Code Russian Federation.

Director Zimin O. O. Zimin

I have read the order:

Department specialist

marketing research Ivanov, 09/27/2016 I. I. Ivanov

Let's pay attention to some nuances.

1. Date of dismissal. In fact, this is the date of termination of the employment contract. According to Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the contract in all cases is the last day of work of the employee, with the exception of cases when he did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) was retained.

Difficulties sometimes arise with the date of termination of employment, for example, in the following cases:

• granting leave with subsequent dismissal;
• when the end of the period for notifying the employer of the desire to resign fell on a non-working holiday or day off;
• registration of termination of employment relations due to the death of an employee;
• expiration of the employment contract.

We considered almost all the grounds for terminating an employment contract on the pages of our magazine, so we will focus on only a few points:

• in case of granting leave with subsequent dismissal in accordance with Art. 127 of the Labor Code of the Russian Federation, the day of dismissal is considered the last day of vacation. However, in fact, the last day of work of an employee is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation, therefore the issuance of an order and other procedures related to the registration of termination of employment must be carried out before the start of the vacation (Definition of the Constitutional Court of the Russian Federation dated January 25, 2007 No. 131-О-О);
• if the end of the employer’s warning period about the intention to quit falls on a weekend, then the last working day will be the working day following the weekend (Article 14 of the Labor Code of the Russian Federation). For example, an employee wrote a statement asking to terminate the employment contract at his own request on 04/25/2016. The end of the two-week period (Article 80 of the Labor Code of the Russian Federation) fell on 05/09/2016, which is a non-working holiday. In this case, the employee must return to work on May 10, 2016, and this day will be the date of dismissal;
• upon termination of an employment contract due to the death of an employee, the date of dismissal will be the date of death. It will not be possible to fire such an employee on his last working day, because he has not died yet.

The date of the order and the date of termination of the employment contract may not coincide.

Note that personnel officers try to issue orders on the day of dismissal. This is correct, especially when dismissing an employee under clause 3, part 1, art. 77 Labor Code of the Russian Federation. Why? Because if you issue a dismissal order earlier, sign it with the manager, and inform the employee, there is a possibility that you will have to cancel the document, because the employee can use the article provided to him. 80 of the Labor Code of the Russian Federation the right to withdraw the application for dismissal.

But often the date of issuance of the order and the date of dismissal do not coincide: for example, when carrying out measures to reduce the number or staff of employees, the dismissal order may be issued earlier than the last working day, and in the event of the death of an employee, later than the date of dismissal.

2. The grounds for termination of the employment contract must be recorded in the order. We recommend recording in strict accordance with the wording current legislation with reference to a specific article (article paragraph).

In addition to the legal norm on the basis of which the dismissal occurs, the order must record the basis for its issuance. For example, when dismissal is initiated by an employee, the basis is his statement. This means that the details of this document must be recorded in the order.

In any case, the date of dismissal of the employee must appear in the order to terminate the employment contract (Definition of the Constitutional Court of the Russian Federation dated January 27, 2011 No. 16-О-О).

Sometimes, especially if the dismissal occurs at the initiative of the employer, the latter has at its disposal several documents confirming the validity of termination of the employment contract. The details of all of them must be indicated. For example, if an employee is fired under paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation (for absenteeism), the order must list the documents that recorded absenteeism, as well as documents confirming compliance with the application procedure disciplinary sanctions, – explanatory note, act of refusal to give explanations, etc.

3. Familiarization with the order. The employer must familiarize the employee with the order against signature. If this is not objectively possible (for example, due to the absence of the person being dismissed) or the employee refuses to familiarize himself with signature, an appropriate entry is made on the order, for example: “Familiarized, refused to sign” or “Impossible to familiarize with signature due to disability.”

Note: If the employee refuses to familiarize himself with the order, in addition to writing it down on the document, we recommend recording the refusal in a document: it can be useful, especially if the dismissal occurs at the initiative of the employer.

This requirement of labor legislation should not be ignored: regulatory authorities regard an employee’s failure to familiarize themselves with the order as a violation of the norms of the Labor Code of the Russian Federation. For example, by the appeal ruling of the Tambov Regional Court dated May 18, 2016 in case No. 33-1684/2016, the employee was reinstated in her previous position due to violations of the Labor Code of the Russian Federation. One of them was a violation of Part 2 of Art. 84.1 – the woman was not familiarized with the dismissal order and did not receive any documents (copies of orders, work book), including by mail.

Question: how to familiarize a remote worker with the dismissal order?

If the interaction between the employer and the remote worker is carried out through an exchange electronic documents using enhanced qualified electronic signatures, the dismissal order must be sent to the employee in advance to in electronic format for reference. The employee, in turn, certified the order electronic signature, is obliged to send it back (parts 4, 5 of article 312.1 of the Labor Code of the Russian Federation). On the day of dismissal, a paper copy of the order is sent to the employee by mail. by registered mail with notification (Part 2 of Article 312.5 of the Labor Code of the Russian Federation).

When should the employee be informed of the order? It is best to do this on the last working day - except in cases where the person being dismissed did not work, but his job was retained (for example, when the employee is fired due to the expiration of the employment contract, and he is on sick leave).

4. Issuance of a copy of the order. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction) (Part 2 of Article 84.1 of the Labor Code of the Russian Federation). Here the only question that may arise is about the timing of issuing a copy. Some employers are guided by Art. 62 of the Labor Code of the Russian Federation and force the employee to write an application for a copy of the order. After that, they issue a copy on the second or third day after dismissal. We believe that such a requirement is lawful only if a former employee applies for a copy of the dismissal order. If the employee is still working, even if it is his last day, the employer is obliged to issue a copy of the order on the day of such a requirement. Moreover, the form of requesting a copy of the dismissal order is not defined, in contrast to the demand for copies of other documents in accordance with Art. 62 Labor Code of the Russian Federation. Therefore, you should not ignore the employee’s verbal request.

But to receive copies of work-related documents, on the last working day the employee will still have to write an application requesting their provision (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

Employment history.

Based on Part 4 of Art. 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment contract, the employer is obliged to issue the employee a work book. Accordingly, it must be formalized - an entry must be made in it. The regulations will tell you how to do this:

• Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”, which approved the Rules for maintaining and storing work books;
• Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 (hereinafter referred to as Resolution No. 69), which approved the Instructions for filling out work books.

For your information: An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law and with reference to a specific article, part of an article, paragraph of an article.

According to clause 10 of the Rules for maintaining and storing work books, the employer must make a record of dismissal in the work book on the basis of a separate order on the day of dismissal in strict accordance with the text of the order.

Based on clause 35 of the Rules for maintaining and storing work books, after making an entry about the reasons and grounds for termination of the employment contract, all entries made in the work book during the period of work with of this employer, are certified by the signature of the employer or the person responsible for maintaining work records, the seal of the employer and the signature of the employee himself.

Question: should employers (LLC or JSC) certify the record with a seal?

Indeed, since 2015, there have been disputes on this issue, because since that time, LLCs and JSCs have the right to independently decide whether to have a seal. The obligation to use the seal for such organizations can only be established by federal law (clause 7 of article 2 Federal Law dated December 26, 1995 No. 208-FZ “On joint stock companies", para. 1 clause 5 art. 2 of the Federal Law of 02/08/1998 No. 14-FZ “On Limited Liability Companies”).

Federal laws do not require the use of a seal to certify entries in a work book. However, such a requirement is provided for by the Rules for maintaining and storing work books, which are by-laws. Accordingly, at present, certification of the dismissal record with the seal of the employer - LLC or JSC - is not an absolute obligation. However, Rostrud has a different opinion (see, for example, Letter dated May 15, 2015 No. 1168-6-1).

What to do if on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence or refusal to receive it, explains Part 6 of Art. 84.1 Labor Code of the Russian Federation. In particular, the employer is obliged to send notice of the need to:

• show up for your work book;
• agree to have it sent by mail.

Based on clause 36 of the Rules for maintaining and storing work books, sending a work book by mail to the address specified by the employee is allowed only with his consent.

Please note that the employer is responsible for the delay in issuing the work book. So, in Art. 234 of the Labor Code of the Russian Federation provides that the employer is obliged to compensate the employee for the earnings he did not receive for the entire period of delay.

Clause 35 of the Rules for maintaining and storing work books contains a similar rule and supplements it with the obligation to change the day of dismissal: the day of dismissal (termination of the employment contract) in this case is considered the day the work book is issued. On the new day of dismissal of the employee (termination of the employment contract), an order (instruction) of the employer is issued, and an entry is made in the work book. A previously made entry about the day of dismissal is invalid in the manner prescribed by these Rules.

At the same time, the legislator has established exceptions - cases when liability for the delay in issuing a work book does not occur (see diagram). Let's give an example of such a notification.

Limited Liability Company "October"

(October LLC)

Ref. No. 104 Ivanov Ivan Ivanovich

dated September 27, 2016, Pervomaisk, st. Birch,

71, apt. 10

NOTIFICATION

about the need to appear for a work book

Dear Ivan Ivanovich!

Based on your application, the employment contract with you was terminated under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (at the initiative of the employee). On your last working day you were absent from work. In this regard, you need to come to the address Pervomaisk, 138 (office 125) and receive your work book or give written consent to send it by mail.

Attachment: copy of the order on termination of the employment contract dated September 27, 2016 No. 21-u.

Head of HR Department Kuptsova A.D. Kuptsova

Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Note: incorrect formulation of the reason for dismissal in the work book is equivalent to a delay in issuing it, and if it is proven that this prevented the employee from entering another job, the court, in accordance with Part 8 of Art. 394 of the Labor Code of the Russian Federation will recover in his favor the average earnings for the entire period of forced absence (clause 61 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

The fact of issuing a work book is recorded in the book of registration of the movement of work books and inserts in them, and the signature of the employee who received the book is required.

Do not forget to issue a personal card: on the last page in section. X must make a record of the reasons and grounds for termination of the employment contract. Upon receipt of the work book, the employee must sign the personal card (clause 41 of the Rules for maintaining and storing work books).

We make the final payment.

On the day of termination of the employment contract, the employer is obliged to make a settlement with the employee in accordance with Art. 140 Labor Code of the Russian Federation. Regardless of the basis for termination of employment, all amounts due to the employee - wages for the period worked, compensation for unused vacation, etc. - must be paid on the day of dismissal.

If this rule is violated, the employer may be subject to
to administrative liability. Federal Law No. 272-FZ dated 07/03/2016 “On amendments to certain legislative acts of the Russian Federation on increasing the responsibility of employers for violations of the law in terms of remuneration” was adjusted to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation: a new part has been added to it, which introduces punishment specifically for violations in the field of remuneration. According to paragraph 6 of this article, from October 3, 2016, for non-payment or incomplete payment of wages and other payments within the framework of labor relations, fines for officials have been increased - now they range from 10,000 to 20,000 rubles. But for a repeated violation, an official may be subject to a fine of 20,000 to 30,000 rubles. or disqualified for a period of one to three years. Persons carrying out entrepreneurial activity without education legal entity, may be fined 10,000–30,000 rubles, and companies 50,000–100,000 rubles.

If the employee is absent on the day of dismissal, payments are made no later than the day following the day on which he submits a request for payment (Part 1 of Article 140 of the Labor Code of the Russian Federation).

If a dispute arises between an employer and an employee about the amount of amounts due to the employee upon dismissal, then the employer is obliged to pay an undisputed amount (Part 2 of Article 140 of the Labor Code of the Russian Federation). Sometimes the employer in such a situation does not pay anything, but waits for the decision of the State Tax Inspectorate or the court (depending on where the employee applied). You shouldn't do this. The Labor Code of the Russian Federation imposes on the employer the obligation, if the employee does not agree with the correctness of the amount of money accrued to him by the employer, to pay the amount due to him in the undisputed part within the specified period, without delaying the settlement with the dismissed employee until the end of the consideration in in the prescribed manner an individual labor dispute that arose between them (Appeal ruling of the Irkutsk Regional Court dated May 23, 2016 in case No. 33-6856/2016).

Other actions of the employer.

In addition to what is discussed above, the employer needs to take some actions on the last working day:

1. Issue the employee a certificate of the amount of earnings for the two calendar years preceding the year of termination of work. The certificate form was approved by Order of the Ministry of Health and Social Development of the Russian Federation dated January 17, 2011 No. 4n. It is filled in by hand with black or blue ink (ballpoint pen) or using technical means(computer or typewriter).

2. Issue a certificate containing information about the length of service, earnings (remuneration), income and accrued insurance premiums of the insured person, in the SZV-1 form. This is established by clause 4 of Art. 11 of the Federal Law of 01.04.1996 No. 27-FZ “On individual (personalized) registration in the compulsory pension insurance system.” At the same time, this law requires obtaining from the employee written confirmation of the transfer of such information to him.

Finally: if the dismissed person was liable for military service, information about his dismissal must be submitted to the military registration and enlistment office. And in the case when, during work, payments were made for him under writs of execution, the employer must inform the bailiff service about the dismissal of the employee and return the writ of execution.

As you can see, the general dismissal procedure is not so complicated - an order, a final payment. If you understand the nuances of terminating an employment contract for various reasons, formalizing the termination of the employment relationship will not cause difficulties.

Article 5 of the Federal Law of April 6, 2011 No. 63?FZ “On Electronic Signatures”.

Book form approved. Resolution No. 69.

Approved by Resolution of the Board of the Pension Fund of the Russian Federation dated July 31, 2006 No. 192p “On the forms of documents for individual (personalized) accounting in the compulsory pension insurance system and instructions for filling them out.”

Last modified: January 2020

Parties to labor relations have the right to conclude contract of employment and terminate it at your own discretion. Every employed citizen can terminate an employment contract, acting in a strictly defined manner. Termination of an employment contract at the initiative of an employee is regulated by the provisions of Articles 77 and 80 of the Labor Code of the Russian Federation, and other legislative norms establishing the sequence of actions upon dismissal.

General provisions of the law

Regardless of whether the contract (hereinafter referred to as TD) is indefinite or fixed-term, an employed citizen has the right to apply to the employer with a request to terminate the employment relationship. A description of the actions to terminate the contract at the request of a person is given in Art. 77 (clause 3) and art. 80 basic labor legislation. Thus, a single sequence of steps is established when formalizing the separation of an employee from an employer.

While allowing termination of an employment contract at the initiative of the employee, the law does not limit the rights of employees working on a temporary or open-ended contract, without requiring them to report the reasons for dismissal. It is enough to have good will and inform the administration about this in advance. Depending on the circumstances, advance notice of resignation is given 2 weeks or 1 month in advance (according to Article 280 of the Labor Code of the Russian Federation), if the resigning citizen holds a leadership position at the enterprise.

The notice period may be shortened if the person is on probation. According to Part 4 of Art. 71, 3 days are given for notification. A similar period is established for notifying the employer for seasonal hired work or short-term contracts of no more than 2 months (Article 292 and Article 296).

The period required for notice when hiring an individual, in accordance with Part 2 of Art. 307, may be more or less than 2 weeks, if this is established by the clauses of the concluded TD.

Grounds for termination if the contract is fixed-term

When an employee works on the basis of an open-ended contract, the reasons for termination will be the will of one of the parties to the contract, or a mutual decision (by agreement of the parties).

If a fixed-term contract is concluded for a specific period of time, then termination of the temporary employment contract may occur under the following circumstances:

1. End of the contract period.
2. Early return to work of a person whose duties were performed by a temporary worker.
3. Completion of the scope of work or end of the season.
4. Return to homeland (for foreign workers).
5. The grounds given in Art. 59 TK.

The procedure for terminating an employment contract at the initiative of an employee

Registration of contract termination does not present any difficulties. On the part of the hired employee, all that is required is a correctly drawn up application and monitoring of the employer’s compliance with the standards, established by law.

Briefly, the stages of terminating TD are represented by the following steps:

1. Submitting an application to management for approval. The administration does not have the right to prohibit resigning, but can agree on the duration of work from the date of filing the application within 2 weeks.
2. During the working period, the person continues to perform work duties, and the enterprise decides personnel issues with replacement by a new employee.
3. On the last day of work, the employee receives the last settlement funds - salary for the last period and compensation for accumulated, but not vacation days.
4. Familiarization with the order and signature on familiarization.
5. Making the last entry in the work record and handing out the book with reference to Art. 77 TK.

Any deviation from the procedure is a violation of the law and entails liability. For example, in case of failure to issue labor worker has the right to file a claim in court demanding compensation for each missed day.

Application form

The basis for starting the TD termination procedure is a written statement written personally by the employee. No oral agreement is sufficient grounds for termination of a contract.

The application is drawn up according to the approved sample and contains the following structure:

• information about the manager in whose name the application is being submitted;
• personal information about the resigning employee and his position;
• basically express a desire to voluntarily stop labor Relations indicating the last working day (taking into account the expected work);
• date and signature at the bottom of the document with a transcript of the signature.

The application is submitted to management for consideration, and after receiving an approval visa, an internal personnel order is prepared based on the document. (Form T-8)

What do you get upon dismissal?

When leaving the employee, upon his request, he is given a package of papers confirming the fact of his departure. labor activity during a certain period at a specific enterprise:

• copy ;
• other internal orders, including transfers, promotions, bonuses;
• a certificate from the accounting department in form 2-NDFL and in the form of the enterprise, drawn up in accordance with order of the Ministry of Labor of the Russian Federation No. 182n;
• employment history with the last notice of dismissal.

When agreeing on the terms of termination of the TD important The duration of the work and its necessity plays a role. As a rule, the parties agree in advance on the need for testing, or refuse it by mutual agreement, based on the documentation in force at the enterprise and Labor Code standards.

Is work required?

The procedure for terminating a contract with an employer at the initiative of an employee involves working off. A two-week period is a standard amount of work, which allows you to prepare in advance for the departure of an employee, organize his replacement and pay the due compensation.

However, it must be remembered that the Labor Code considers 2 weeks as the minimum period, and if a different period is mentioned in the internal regulations of the enterprise, they proceed from the provisions adopted in the organization.

When the employment contract is terminated, personnel service and the accounting department are obliged to prepare the estimated payment in a timely manner and return personal documents with prepared certificates.

When is work required?

Depending on the personal circumstances of the employee and the willingness of the employer to release the specialist before the expiration of the term, it is possible to avoid working off by agreement of the parties. The basis for issuing the corresponding personnel order will be the resolution of the management on the submitted application form.

Situations in which dismissal is possible immediately after receiving a written application are provided for in Article 80 of the Labor Code of the Russian Federation:

1. Personal objective circumstances employee, under which further work is impossible. This could be enrollment in a university, military service, or reaching retirement age.
2. Violations of Labor Code norms by the employer, as well as the latter’s failure to comply with the internal regulations of the organization, the collective agreement, and the provisions of the Labor Code.

Parting with the employer on the personal initiative of the hired specialist is often practiced as a reliable way to avoid possible subsequent claims from the employee. It is important to remember that the application must be submitted by a person solely at his own request, without coercion. If a person changes his mind about resigning during the period of service, he has the right to do so before the dismissal is legally formalized.

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Need some advice? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer’s response depends on how completely and clearly you describe your problem:

The procedure for terminating an employment contract at the initiative of an employee is specified in Art. 80 Labor Code of the Russian Federation.
To terminate an employment contract at the initiative of an employee, there is no need to draw up unnecessary paperwork or documents, as is done if an employee is fired at the initiative of the employer.

The procedure for such dismissal is simple and clear. But there are some nuances, without taking them into account, the parties to the labor relationship have to meet in court.

The employee’s right to terminate the employment contract is enshrined in paragraph 1 of Art. 77 Labor Code of the Russian Federation. In paragraphs 3 p. 1 art. 77 of the Labor Code of the Russian Federation states that to terminate a contract at the initiative of an employee, a written statement from the latter is sufficient.
It must be submitted 2 weeks (no later than) before the expected date of dismissal.
The 2-week period begins the day after the application is submitted and accepted by the employer. For example, an application was submitted on 07/07, therefore, the 2-week period begins on 07/08, and the employee can resign from 07/21.

If the parties reach an agreement between themselves, the employee can resign the next day after submitting the application. This is stated in paragraph 2 of Art. 80 Labor Code of the Russian Federation.
To do this, it is not necessary to draw up an additional agreement. It is enough to indicate in the resignation letter the date from which the employee must resign. Having examined the application and signed it, the employer agrees with the date indicated by the employee.
If the employer does not agree with the date of dismissal of the employee, then in his resolution on the application he must indicate “dismiss at his own request from .....”

The law does not provide for a maximum period for notifying the employer of impending dismissal. An employee can submit an application one month before the expected date of departure, but only indicating the date of dismissal.

But the employee does not always have to notify the employer exactly 2 weeks before the date of dismissal. There are several reasons when an employee can quit the next day after filing an application, even without receiving the employer’s consent.
These are grounds such as:

• enrollment of an employee to study at a university or other institution for full-time and full-time study;
• employee retirement;
• sending a husband (wife) to work in another area;
• conscription for military service;
• other reasons that prevent the employee from working for 2 weeks.

If the employer violated the rules labor law, then the employee can also quit without working a 2-week period.
Violations of labor legislation that may lead to the dismissal of employees on their own initiative include:

• delay of wages;
• refusal to grant leave;
• other violations that will be established by inspectors of the state labor inspectorate or officials who have the appropriate authority to do so.

If an employee writes a letter of resignation on his own initiative during the probationary period, then the period of service is reduced from two weeks to three days.

In addition to the probationary period, there are other exceptions to the period of notice to the employer about dismissal:

• the head of the organization, as well as his deputy and Chief Accountant must notify the owner of the property, that is, the employer, about their dismissal at least 1 month in advance;
• the athlete or coach must also notify the employer 1 month in advance.

An employer has no right to refuse to accept an employee’s resignation letter.

To resign after 2 weeks without legal consequences, you must register it legally. If the employer does not sign it, the employee may not go to work after 2 weeks.

Termination of a fixed-term contract

Not every employment contract can be fixed-term. In order for an employer to be able to conclude such an agreement with an employee, several grounds must exist:

• an employee is hired to perform a certain amount of work;
• the employee is hired to perform seasonal or temporary work;
• temporary replacement of an employee who is actually absent from the workplace, but it is retained by him legally. For example, maternity leave employees. While she is raising a child, someone has to do it job responsibilities. To do this, hire an employee fixed-term contract. As soon as the “maternity leaver” returns to work, the temporary worker will either be fired or hired on a permanent basis;
• hiring a person for an elected position.

A fixed-term employment contract can be terminated on the same grounds as a regular one - by agreement of the parties, on the initiative of the employee or employer. But another condition is added - expiration. The “body” of the document must indicate the period for which it is actually concluded. Once this period expires, the employee can be fired.

But if the management has not made any attempts to dismiss the “urgent” employee, and the latter continues to fulfill his labor functions, then it is considered that he is hired on a permanent basis.

If the employee himself has expressed a desire to end the relationship with the employer before the contract expires, then he has the right to do so. The usual termination procedure is:

• notify your superiors in writing 2 weeks in advance. But if the contract was concluded for a period of less than two months, or the employee is on probationary period, then you need to notify 3 days in advance;
• ensure that the application is properly registered;
• based on the application, a dismissal order is issued;
• the person resigning must be familiarized with it by signature;
• in 2 weeks he should receive a full payment, work book, and documents.

Now he may not go to work.

If the parties were able to agree, then it is not necessary to work for 2 weeks or 3 days. It is not necessary to enter into an additional agreement about this.

A verbal agreement can be reached. But there are circumstances in which the employer is obliged to release his employee without working:

• conscription for compulsory military service;
• starting studies at an educational institution;
• old age retirement;
• other grounds prescribed in the Labor Code of the Russian Federation.

Any dismissal must be correctly reflected in the work book. The employer must issue it on the last working day along with full cash payment and other documents.

Termination of an open-ended contract

If there are no grounds for concluding a fixed-term employment contract, then the employer is obliged to conclude an open-ended one with the employee. That is, its validity period is not limited by a time period.

Grounds for termination of employment under a permanent employment contract:

• the desire of the employee himself;
• employer initiative. This could be a reduction in staff, the complete liquidation of a legal entity, or the commission of guilty actions by the employee himself;
• agreement of the parties.

If the employee himself wants to terminate the contract, management has no right to interfere with him. He can't stop him from quitting. Moreover, he has no right to delay or refuse to accept an application for dismissal. This is a violation of employee rights!

If the parties have agreed among themselves, they can draw up an agreement setting out the conditions for terminating their relationship. The document may indicate many nuances - payment of wages, severance pay, date of dismissal, etc.

If the employer has reasons to fire an employee or there are circumstances that force him to do so, he must comply with many personnel nuances. If he makes a mistake, the employee will have grounds to challenge the dismissal, be reinstated in the workplace and demand payment from his superiors for all days of forced absence.

Dismissal at will is the simplest procedure. It begins with a warning to superiors about the upcoming departure. This is done in writing. Notice deadlines must be observed. According to the Labor Code of the Russian Federation, notification is required 2 weeks in advance. During this period, management is looking for a replacement for the person leaving. If he doesn’t find it, this will not be an obstacle to dismissal.

In some cases, 3 days notice is required. This condition must be met when the employee has been hired to perform temporary or seasonal work for a period of less than 2 months. Also, if the employee is on a probationary period, the warning period is also 3 days. If the head of an enterprise resigns on his own initiative, he must notify the business owners 1 month in advance. During this period must be collected general meeting founders/participants, relevant documents have been drawn up.

The application is written in two copies - one for the employer and the other for the employee. On the sheet that will be kept by the employee, the HR department employee puts the incoming number, the date of acceptance for registration, and also indicates his position and signs. The working period begins to run from the next day. After its expiration, the person is considered dismissed.

If management for some reason does not want to accept a letter of resignation, then you need to send it by post with notice. When the notice is returned, the date on which the letter was accepted and the employee's signature will be indicated on the reverse side. The working period will begin to run from the next calendar date indicated in the notification.

After registering the application, an order must be issued, which the resigning person reads and signs. After the expiration of the period of service, he must be returned the work book, given a full payment and other documents.

What are the reasons for dismissal?

When a person decides to resign of his own free will, he is not required to indicate the reason for his such decision. It is enough to provide a link to Part 1 of Art. 80 Labor Code of the Russian Federation.

The responsibility to indicate the reason for dismissal was assigned to workers in the USSR. According to the old Labor Code, even if an employee quit of his own free will, he was obliged to indicate the reason. The Labor Code of the Russian Federation does not prescribe such an obligation.

But there are several reasons for dismissal that must be stated in the application:

• dismissal on the same day. in which the application is written. You must notify your superiors 2 weeks in advance. But under some circumstances you can quit without working. For example, if an employee decides to retire. Then in the application you need to indicate the reason “retirement”, and the management will be obliged to calculate it on the same day;
• if the employee needs a specific entry in the work book. This may be necessary if a person wants to receive some benefits and preferences from the state. The HR department employee must make an entry in the work book, exactly as indicated in the order, which is drawn up on the basis of the resignation letter. Therefore, the reason must be indicated.

In addition to retirement, there are other valid reasons for resigning at will. They must be indicated in the application so as not to fulfill the deadline established by law. These reasons include:

• starting studies at a university or other educational institution;
• conscription into the ranks of the RF Armed Forces;
• moving to another area to continue working activities through transfer;
• relocation of a spouse abroad for work.

These reasons must be reflected in the application. There is another reason to stop working. This is a violation of the law, non-compliance with the provisions of an employment or collective agreement, neglect of obligations to comply with regulations and other local acts relating to labor. The fact of such violations must be established by bodies competent to monitor and supervise compliance with labor laws, for example, a labor inspectorate or a court.

As soon as the judicial act comes into force, you can write a letter of resignation, indicating such a reason.

Work off upon termination of the contract

The service period is necessary so that management can find a replacement for the person leaving. During this time, it is possible to conduct interviews and hire a new person. But if there is no replacement and they cannot find one, this is not a reason to detain the employee. It's the same on the reverse side. If new person is hired before 2 weeks have passed, this is not a reason to “kick out” the person leaving before this period. But an agreement can be reached!

The total period for notifying the employer is 14 days. This is stated in Art. 80 Labor Code of the Russian Federation. But this period can be changed up or down, depending on the position of the person leaving and on the type of employment contract. So, you need to work out:

• 3 days, if the trial period has not expired, this is stated in Art. 71 Labor Code of the Russian Federation;
• 3 days for employees whose work is seasonal, according to Art. 296 Labor Code of the Russian Federation;
• 3 days if the contract period is not more than 2 months. This is stated in Art. 292 Labor Code of the Russian Federation;
• 1 month, if the person resigning holds the position of head of the company - Art. 280 Labor Code of the Russian Federation;
• 1 month for coaches or athletes if their contract period exceeds 4 months. According to Art. 348. 12 of the Labor Code of the Russian Federation, it is allowed to increase the notice period by stipulating this in the employment contract.

If the parties can agree, then it is not necessary to work out these 14 calendar days. You can quit earlier if there are no problems with a replacement. This will not be considered a violation of labor laws.

The period for starting work begins to run the next day after the application for dismissal is duly registered. For example, an application was submitted on 02/05/2019, the period of service begins on 02/06/2019, the employee will be dismissed on 02/20/2019. That is, his last working day is 02/19/2019. Therefore, the date of termination of relations with the employer may not be indicated in the application.m

The period of service is also necessary so that the employee can change his mind. Within 2 weeks, he has the right to withdraw his application and remain working in the same company. The employer has no right to interfere with him or forcefully dismiss him.

But there is a case when an employee cannot withdraw his application. This is a written acceptance of a new person who cannot be refused employment on the basis of labor legislation. There is only one case - a new person was invited in writing to a vacant position by transfer from another employer and has already managed to quit and receive a full payment.

Decor

The procedure for registering dismissal on the employee’s own initiative is quite simple. It goes like this:

• writing a statement, which must indicate “at one’s own request”;
• familiarization of the authorities with the application;
• drawing up a dismissal order after 14 days from the calendar date of acceptance of the application;
• registration of the corresponding entry in the work book;
• familiarization with the order against signature;
• receiving a work book, other documents and a full payment.

If the employee refuses to sign the order or in the relevant journal indicating that he has received the documents, the employer draws up a corresponding act.

All these actions are carried out by a personnel department employee and an accountant. If the dismissal occurs without working off, then you need to act a little faster. It is not permitted to delay the payment of wages and compensation for leave for more than the period established by labor legislation. All personnel documents must also be handed over on time.

Termination procedure at the request of the employee

During the course of official labor relations, each employee will have legal right to terminate a previously concluded agreement at any time. In this case, this dismissal scheme will be called dismissal at the initiative of the employee. It should be immediately noted that absolutely any category of workers has the right to leave at any time. The main thing is that the dismissal procedure itself fully complies with established legal standards.

Basic information regarding the procedure and features of dismissing an employee on his own initiative is reflected in Article 80 of the Labor Code of the Russian Federation. It contains information about the following important nuances:

• information regarding the employee’s direct obligation to notify his employer in advance of his impending departure. The immediate deadlines within which such notification must be submitted to the boss are also fixed here;
• the legal right of the parties to the professional relationship to change the period of dismissal, if such a need arises;
• information regarding the employer’s obligation, in some cases, to dismiss his employee exactly within the period specified by the subordinate in his written application. This privilege, as a rule, is available to special categories of employees, for example, disabled people;
• whether the employee has a legal right to withdraw a previously submitted application to his employer. In accordance with the established rules, such a right will remain with the employee until the last day of his work in this company;
• features of the subsequent validity of the employment contract in the event that, for some reason, it was never officially and finally terminated by the parties;
• a list of the main obligations that the employer will have to his resigning subordinate. The main ones include, for example, execution of all required documents, fulfillment of the required compensation payments, filling out an employee’s work book, etc.

If we talk about the established procedure for dismissing a subordinate at his own request, this procedure can be divided into several main and most important stages:

1. Demonstration of appropriate initiative on the part of the subordinate. To do this, he will need to draw up only one main document, namely a written application addressed to his direct employer. In this statement, the employee confirms his intention to resign from his current job.
2. Fulfilling obligations to prepare all necessary documents employer. After receiving the above statement, the manager must “put the document into use.” This presupposes that from now on the authorized person must initiate the preparation of all required documents. The main one will be an official order to cancel a previously concluded employment contract.
3. Repayment by the parties of other mutual obligations. In most cases, we will be talking about the payment of all due amounts of money to the employee. This may include both the main part of the salary and various additional allowances or compensations. In some cases, certain obligations will be assigned to the employee himself. For example, some employers ask that the employee properly complete all of his business with the company, train the new employee in the basic principles of working at this place etc. Individual obligations can be established formally, for example, by drawing up a special severance agreement.

Order to terminate labor relations with an employee

An order to terminate a previously concluded employment contract with an employee will be the main and mandatory document in any dismissal procedure. It must be drawn up in strict accordance with in the prescribed form, and also with official rules for completing this document. In this case, the authorized person must take into account some important nuances this procedure:

1. The order must be filled out in the standard manner. First, information regarding the employee with whom it is necessary to terminate the employment contract is entered in the appropriate columns. Here you must indicate the position held by the subordinate, the name of the department or other structural unit in which he works, as well as the citizen’s full name.
2. Next, the responsible person must indicate the immediate reason for the dismissal. If we are talking about an employee leaving at his own request, then the main basis here will be his written application, which was previously submitted to the manager. The order must include registration number such statement, as well as the date of its preparation by the subordinate.
3. During the formation of this document Special attention It is also necessary to pay attention to the dates entered. In particular, the order should always be drawn up somewhat later than the employee’s statement itself. Otherwise, confusion with dates will be a serious mistake.
4. As soon as the order is prepared and signed by the employer, the employee himself must be familiarized with the contents of this document. When studying the order, the subordinate needs to pay attention to the basic information - the dates entered, the basis on which the employment contract is terminated, etc. Only if there are no complaints from the employee, he must confirm this fact by placing a personal signature on the document.
   It should be noted that the employer’s neglect of such an important stage as familiarizing the subordinate with the contents of the dismissal order may be a valid basis for declaring the entire procedure for severing professional relations invalid. This, in turn, will certainly bring the employer many serious problems.

Grounds for termination

If we are talking about dismissal at the request of an employee, the main and only basis for initiating this procedure will always be a written statement received from a subordinate. This document has one main function - in it the employee officially expresses his desire to leave his position. There are no particularly strict requirements for the application form by modern legal norms not presented. It can be written in any order. The main criterion here will be literacy and the absence of incorrect information.

Many employers and their subordinates are concerned about whether it is necessary to indicate the immediate reason for dismissal in the application. Based on existing statistics, we can conclude that most often employees quit because they find a new, higher-paying or promising job. For some, leaving their current position is due to family circumstances, etc. In any case, current regulations tell us that the specific reason for leaving should not be stated in the personal statement. That is, it would be more correct to limit ourselves to the standard wording, for example: “I ask you to fire me of your own free will...”.

It should also be noted that the mere submission of such a statement to the employer does not mean that the employee is already considered dismissed. The fact is that here the subordinate will have the right to withdraw such a statement at any time, for example, if he changes his mind about quitting. In this case, the employee will need to ask the employer for his application back. It should be noted that the head of the company, in turn, will be obliged to give the document to his subordinate. If the director refuses to do this, the employee will have the legal right to file formal complaints against his manager. To do this, the employee can contact labor inspection or to other authorized organizations that will review the current situation.

By violating the procedure for terminating an employment contract at the initiative of an employee in 2018, the company is at great risk. We’ll tell you how to avoid conflict and complete all the necessary documents on time.

From the article you will learn:

At first glance, voluntary dismissal is the simplest and most trouble-free way to say goodbye to an employee. There is no need to pay severance pay or look for “reinforced concrete” reasons for terminating the employment relationship. But not everything is so smooth: the slightest violation of the procedural order can make the employer a defendant in court. Explanations from experts, cases from practice and useful tips on the topic - in a special collection " : How to prevent lawsuits."

Grounds for termination of an employment contract at the initiative of an employee in 2018

A written statement is the only legal basis that allows you to formalize the termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation). The text of the application must clearly and unambiguously indicate the desire to resign. In other words, it must reflect the conscious voluntary position of the applicant. If the wording is vague and ambiguous, there is no clear request to fire, and the date is not specified, the company may have problems in the future, but it is even more dangerous to fire based on an oral request. An employee may be reinstated by a court decision. In the article “How at work” describes the correct algorithm for the employer’s actions in case of such an outcome.

Download documents on the topic:

Important: the application is considered valid only if it is dated and signed by the applicant.

The employee is not required to indicate the reason for leaving. But he can do this to confirm the right to dismissal without service (for example, write that he is retiring on such and such a day). Unified resignation letter form at your own request does not exist. The employer can independently develop a sample template or accept applications written in free form. This is what it looks like typical example document:

Very often, the decision to quit is made “on emotions” or for manipulative purposes. Having calmed down and thought it through carefully, the employee may regret the decision taken. Here the law is on his side: he can withdraw his application at any time until the warning period has expired. True, there is an exception. If an employee changes his mind after the employer officially, in writing, invites another specialist to take his place by way of transfer, the dismissal will still take place. Labor legislation requires that the invited employee be employed within a month if he managed to quit his previous job (Part 4 of Article 64 of the Labor Code of the Russian Federation). Details are in the article “How to register to another organization." The expert will tell you who can initiate the transfer, and what to do if there is a need to transfer an entire department.

A very special situation is the withdrawal of a resignation letter by mail. For objective reasons, the employer may receive a notice of revocation after the order is issued. Such cases are considered by the courts, and the outcome of the hearing depends on a number of circumstances. The court may recognize the date of receipt rather than sending of the notice as significant, as during the trial in the Moscow City Court in case No. 4g/7-2982/14 dated April 17, 2014. But the opposite option is also possible (see the appeal ruling of the Supreme Court of the Chuvash Republic in case No. 33-3461/2014 dated September 29, 2014).

Notice period for voluntary resignation

When resigning, you should notify your employer in advance. Labor Code A standard two-week period of compulsory service has been established. It is believed that this time is enough to find a replacement for the resigning employee or at least transfer his affairs to other specialists. Therefore, a resignation letter must be submitted 14 calendar days before the expected date of termination of the employment relationship. When termination of a fixed-term employment contract is considered at the initiative of the employee, the notice period may be reduced to three days. True, only on the condition that we are talking about hiring for a short (less than two months) period. Seasonal and probationary workers are also given three days' notice to resign.

Important: the head of the organization is obliged to warn the employer at least a month in advance about the upcoming dismissal (Article 280 of the Labor Code of the Russian Federation). Details are in the article “How to register ».

If the employer sees no reason to delay dismissal, the period of compulsory service can be reduced. To do this, it is enough to put the appropriate resolution on the employee’s application. In addition, the employment contract is terminated before the expiration of the generally accepted notice period if the employee resigns due to:

• access to ;
• enrollment in a full-time department of a college or university;
• departure of a spouse abroad to a new duty station.

The employer simply has no choice. You will have to part with the employee within the period specified in the application, and not a day later. The only exception is if the specified date coincides with a non-working day. In this case, the dismissal is formalized on the first working day after a weekend or holiday, but not the day before.

Important: the warning period is counted from the next day after submitting the application.

What to do if an employee who declared his desire to resign worked for two weeks, did not withdraw his application, but never left the company? In such a situation, an employer who has not formalized the dismissal on time no longer has the right to terminate the employment relationship unilaterally. The employee continues to work in his previous position (see the appeal ruling of the Volgograd Regional Court in case No. 33-1523/2013 dated February 7, 2013).

General procedure for terminating an employment contract at the employee’s initiative

The procedure for terminating an employment contract at the initiative of an employee is regulated by Article 80 of the Labor Code of the Russian Federation. First, the employee submits a letter of resignation to the human resources department - in person, through a representative, by mail or fax. If before the expiration of the notice period he has not changed his mind and has not exercised the right of withdrawal, the employer issues an order to terminate the employment contract. The administrative document is drawn up using the unified T-8 form or a locally developed form.

When filling out the order, indicate the exact reason layoffs and refer to the basis document (in this case, an application).

We provide detailed information about the employee:

1. Personnel Number;
2. surname, first name, patronymic;
3. position (specialty), qualification category;
4. structural subdivision, in which he is listed.

We assure administrative document as expected, with a seal and signature general director, and then hand it over to the person being dismissed for review against signature. Make sure that he signs in the required field and indicates the date of review next to it. In the event of a conflict, the employer will be able to prove that he did not formalize the dismissal without the knowledge of the employee.

On the last working day, the employee receives a final financial settlement, the original work book with a record of dismissal, and upon additional request, a certificate of income and other work-related documents. The entry in the work book must match the wording of the order. If termination of an employment contract is formalized at the initiative of the employee, the Labor Code of the Russian Federation requires reference to clause 3 of Part 1 of Article 77 (a mistake often made by personnel officers - reference to Article 80 of the Labor Code of the Russian Federation). A similar entry is made in the personal card of the dismissed person (unified form T-2).

Important: hand out the work book strictly in person, against signature in the “Book of records of work books and their inserts”, and if the employee does not show up on the last working day, immediately send a notification with a request to send the document by mail.

Forced dismissal: judicial practice

Wanting to get rid of an “inconvenient” employee at any cost, employers resort to illegal ways influence - intimidation and pressure. For example, they deliberately heat up the situation in the team, threatening to deprive the entire team of bonuses because of one employee. If the injured party initiates legal proceedings and proves that the resignation letter at your own request was written under duress from management, the court will decide on reinstatement.

The following can be considered as a tool for putting pressure on an employee:

1. imposition of unfounded material or disciplinary penalties;
2. offer to resign due to pregnancy;
3. denial of study leave or sick pay;
4. intimidation of shortages in front of witnesses.

To prevent ordinary termination of an employment contract at the initiative of the employee from becoming a source of problems, the procedure must be strictly observed. Keep the original application and carefully check the dates and signatures. Do not terminate an employment contract on the basis of a document signed on behalf of the employee by another person (see the appeal ruling of the Nizhny Novgorod Regional Court in case No. 33-3645/2016 dated March 29, 2016). If the wording used by the employee does not indicate a clear desire to quit, but simply contains complaints about his immediate supervisor or working conditions, do not rush to part with him. When it comes to court, the employer's position will be weak. It’s better to have a conversation with the employee, avoiding pressure - perhaps the situation will be resolved with little bloodshed. When persuading a conflicting employee to leave the company, do it in front of witnesses. To help the HR manager - the article “Five rules with which you of your own free will."

Important: if you quit teleworker, make sure that the application received via e-mail is certified by an electronic signature.

Test yourself

1. In what case is a TD terminated due to circumstances beyond the control of the parties:

• a. the employee submitted a letter of resignation due to retirement;
• b. the employer reduces the number of staff;
• c. a license that gives the right to perform a certain type of necessary work, the deadline has expired.

2. What document is issued to the employee on the day of dismissal only at his request:

• a. a copy of the award order;
• b. employment history;
• c. certificate of salary amount.

3. What are the consequences of concluding a TD in violation of key requirements of the law (for example, if the employee does not have sufficient qualifications to work in this position):

• a. the labor inspectorate will oblige you to renew the trade agreement without violations;
• b. relations between the parties are terminated on the basis of Article 84 of the Labor Code of the Russian Federation;
• c. it is necessary to change the terms of the agreement with an additional agreement to it.

4. Who cannot be fired due to loss of trust:

• a. additional education teacher;
• b. collector;
• c. cashier.

5. How much notice must be given of dismissal during the probationary period:

• a. in 5 days;
• b. in 7 days;
• c. in 3 days.